Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.Criminal Code Amendment (Trafficking in Persons Offences) Act 2005
Australia's response to human trafficking has been evolving significantly since 2005. From the government concentrating mainly on sex trafficking, to placing more focus on labour trafficking, forced marriage, organ removal and criminal exploitation.
In 2017, the government investigated 166 trafficking cases, compared to the 105 of 2016, of which six defendants were prosecuted and five traffickers were convicted. Prosecutions from 2016 were continued in 2017 by the authorities against 14 defendants, in which one sex trafficker, and in another case four labour traffickers, were convicted.
The extent of human trafficking in Australia is difficult to quantify. However, it has been estimated that between 300 and 1000 persons are victims of trafficking a year. The United Nations Office on Drugs and Crime (UNODC) lists Australia as one of 21 trafficking destination countries in the high destination category.
The Australian Institute of Criminology has stated:
Suspected victims of trafficking are in a unique position. Like other victims of crime, they may be deeply affected by their experience; but, unlike other victims of crime, they may also have a tenuous migration status in a foreign country, where they may speak little of the language and know only the people who have exploited them. In addition, there is the fear of being identified as a victim of crime. As a result, suspected victims of trafficking can be highly vulnerable and isolated.
Migrant sex workers targeted by anti-trafficking policing in Australia have had their human rights curtailed and their workplaces have been impacted in negative ways.
According to the U.S. Department of State, 2018 Trafficking in Persons Report (TIP), Australia fully met the standards for the elimination of trafficking and was placed on Tier 1. The government proved to have made significant efforts during the reporting year by investigating more cases, identifying and referring more victims to services, convicting more traffickers, and administering programs to provide services to community groups and assistance to workers.
The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017 and 2023. US Government website, Trafficking in Persons Report 2023
In 2023, the Organised Crime Index gave the country a score of 3.5 out of 10 for human trafficking, noting that two-thirds of prosecutions did not reach court. Organised Crime Index website, Australia: 2023
Recent cases In February 2010, two traffickers were convicted in Cairns Supreme Court on charges of possessing and using a slave after luring a Filipina woman to Australia and enslaving her as a domestic servant and concubine.
In late March 2010, a Tasmanian court sentenced one trafficker to ten years' imprisonment for prostituting a 12-year-old girl to more than 100 clients in 2009.
Federal legislation
In 1999, the Commonwealth amended the Criminal Code Act 1995 to implement the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention Against Transnational Organised Crime relating to slavery, sexual servitude and deceptive recruiting for sexual services.
Offences specifically relating to trafficking in persons were added to the Criminal Code in 2005 by the Criminal Code Amendment (Trafficking in Persons Offences) Act 2005. The amendment inserted people trafficking and debt bondage offences into the Commonwealth Criminal Code and amended the existing provisions related to deceptive recruiting for sexual services. The amendments reflected the growing recognition that people trafficking is not a problem which is restricted to the sex industry.
Criminal Code includes offences and maximum sentences for: slavery (25 years) sexual servitude (15 years) deceptive recruitment for sexual servitude (seven years).
Section 271 of the Criminal Code includes offences and maximum sentences for: trafficking in persons (12 years) trafficking in children (25 years) domestic trafficking in persons (12 years) debt bondage (12 months).
The penalties are higher when children are involved.
Under the Migration Act 1958 (Cth) it is an offence for an employer, labour hire company, employment agency or other person to knowingly or recklessly allow a non-citizen without work rights to work, or to refer them for work. Following the Migration Amendment (Employer Sanctions) Act 2007, the exploitation of unlawful non-citizen workers are aggravating factors attracting a higher penalty. The maximum penalties are five years imprisonment, and/or fines of up to $33,000 (AUD) for people and $165,000 (AUD) for companies per worker.
Several federal laws support the investigation of trafficking offences. For example, the trafficking offences in the Criminal Code are specifically designated as serious crimes in the Telecommunications (Interception and Access) Act 1979. Consequently, designated law enforcement agencies, including the Australian Federal Police, can seek permission to intercept relevant telephone calls and emails for the purposes of investigating trafficking offences. This information can be used as evidence in court. Information obtained through telephone interception has been important evidence in at least one Australian trafficking prosecution ( Sieders v R; Yotchomchin v R NSWCCA 187).
Trafficking offences in the Criminal Code are supported by the Proceeds of Crime Act 2002. If the matter involves a 'serious offence' (which includes the offences of slavery, sexual servitude and deceptive recruiting for sexual servitude), a judge can issue a monitoring order to require a financial institution to provide information about transactions conducted during a certain period. Ultimately, the regime allows for a court to order the restraint and forfeiture of proceeds of certain crimes. All Australian jurisdictions have legislation regarding proceeds of crime.
The National Children's Youth and Law Center reported 250 cases of child marriages in 2011 and 2013. The majority of cases being that the child was forced by family members to marry someone overseas without their full consent. The government strengthened the offence of forced marriage with the implementation of the Crimes Legislation Amendment Powers, Offences and Other Measures Act 2015. Which was first introduced in 2013.
Modern slavery in Australia involves mostly migrants, and a few Australia citizens. The majority of migrants are coming from India, the Philippines, Thailand and Afghanistan. In the 2015/16 financial year, there were 80 clients on the Support for Trafficking People Program (STPP) of which 68 were foreign citizens. The majority of Australian states and territories use the Fair Work Act 2009 to cover the domestic workers, providing a minimum employment standard and workplace protection. In 2016, the Migrant Workers Taskforce was established to intensify the government's commitment to stop the exploitation of vulnerable migrant workers. The Fair Work Act was amended in 2017 with the passing of the Fair Work Amendment (Protecting Vulnerable Workers) Bill by both Houses of Parliament.
In 2017, the government increased law enforcement efforts, where divisions 270 and 271 of the Commonwealth Criminal Code which pertain to sex and labour trafficking, identified maximum penalties of 12 to 25 years in prison and fines of up to AUD197,000 ($154,030). Forced labour is also criminalized in the criminal code with a recommended penalty of nine years in prison.
Assistant Minister for Home Affairs, Hon Alex Hawke MP, was committed to present the Parliamentary draft of the Modern Slavery Act by June 2018. The Act is to be a crucial legislative tool in order to combat and prevent human trafficking and slavery in Australia and overseas. On top of implementing the Act, the minister also announced the implementation of a 12-month trail of the Support for Trafficking People Program to assist girls and young women that are seeking help in forced marriage cases.
In January 2019, the Federal legislation set the Modern Slavery Act 2018 (MSA) into place, requiring companies in Australia to submit a Modern Slavery Statement to the Federal Government when it has a minimum annual consolidated revenue of $100 million, including the company and its subsidiaries. The statements need to address mandatory criteria from Part 2 of the Commonwealth Act, including the company's structure, operations and supply chains, the modern slavery risks in those areas, the necessary actions in which the company has taken to address those risks and its effectiveness, as well as state the consultation process with its subsidiaries throughout the Modern Slavery Statement process.
Other Australian jurisdictions In addition to federal anti-trafficking laws, all jurisdictions have a range of offence provisions to cover related crimes, such as assault, sexual assault, forced prostitution, kidnapping and deprivation of liberty. State offence provisions have been used in conjunction with federal offence provisions in at least two prosecutions in Australia: Commonwealth DPP v Xu NSWSC 191 and R v Dobie (Unreported, Queensland District Court, Clare J, 23 December 2009).
Government policy and strategy In 2004 the Federal government launched the Commonwealth Action Plan to Eradicate Trafficking in Person, comprising four elements. These are prevention, detection and investigation, criminal prosecution, victim support and rehabilitation
Building on this earlier work, in 2008 the Federal Government outlined its key measures in its Anti-Trafficking Strategy which included;
dedicated Australian Federal Police teams to investigate people trafficking operations a National Policing Strategy to Combat Trafficking in Women for Sexual Servitude visa arrangements for potentially trafficked persons victim support measures to assist victims of trafficking Senior Migration Officer Compliance positions in Thailand, China and the Philippines to help prevent trafficking at its source a targeted Communication Awareness Strategy providing information about trafficking and the help available improved legislation to combat trafficking in persons increased regional cooperation to combat people smuggling and trafficking in persons support for the Commonwealth Director to Public Prosecutions to prosecute trafficking matters, including funding and training research into trafficking trends in our region, including labour trafficking, and return and reintegration support for victims of trafficking returning to their countries of origin.
In December 2008 the Australian Attorney-General established the National Consultation on Human Rights to consider the protection of human rights in Australia. More information about the National Consultation is available at Human Rights Consultation.
The visa system and victim support
Support for Victims of People Trafficking Program The Federal government's Support for Victims of People Trafficking Program provides individualised case management and a range of support to victims. The program is integrated within the federal government's visa system.